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MILWAUKEE -- A trial is underway to determine whether
Badger Guns is liable -- after allowing the sale of a gun to
a 21-year-old man who purchased the gun for his friend,
who could not legally buy one himself. One month after
that sale, Julius Burton shot and seriously injured two
Milwaukee police officers. On Thursday, October 8th,
Badger Guns' owner took the stand to testify.
Adam Allan testifies in Badger Guns trial
One of the key lines of questioning during testimony
Thursday centered on Adam Allan's ability to recognize
a straw buyer, if one were to come into his shop.
Jacob Collins served two years in prison for buying the
gun illegally in May 2009. Julius Burton is serving 80 years .
A jury must now decide whether Badger Guns is liable
for the officers' physical and mental damages.
Their lawyer asked Burton why he chose Badger Guns.
"Everybody knew about Badger, know what I`m saying?
That`s where a lot of people go and that`s why I was like,
'Imma go there,'" Burton said.
The Badger Guns salesman who sold the gun to Collins
testified earlier in this trial that problems with a form
Collins filled out -- like scratched out, changed answers,
didn't raise red flags because Collins had trouble
understanding almost every question. The salesman
claimed Collins is dyslexic.
The high legal bar faced in the case against
Badger Guns is illustrated by a verdict in June,
in the only other lawsuit against a gun dealer in
the past decade to reach a jury.
In Juneau, Alaska, relatives of a shooting victim
sued a dealer, Ray Coxe, for making what they
described as a clearly negligent if not deliberately
illegal sale in 2006 to a methamphetamine-using fugitive.
The clerk left the would-be buyer unattended with a rifle;
he walked out of the store with it, leaving $200 on the
counter in payment, and later used it to shoot and kill a
Mr. Coxe, whose firearms license was revoked this year
by the federal authorities because of repeated violations,
said that it was a theft and that he bore no responsibility.
The jury agreed.
Relatives of victims in the Sandy Hook Elementary School
massacre in Newtown in 2012 have also brought a lawsuit
against the maker and seller of the Bushmaster assault-style
rifle Adam Lanza used to kill 26 people.
But their legal theory is more sweeping than the one in Milwaukee.
The plaintiffs argue that they deserve compensation because
the gun manufacturers and sellers should have expected that
the sale to untrained civilians of a military-style weapon, with
a large magazine of high-power cartridges that can be fired in
rapid succession, would sometimes result in murders and mishaps.
Legal experts say the lawsuit, still in the early stages, will face
high obstacles in view of the 2005 law, which was aimed at
preventing this kind of claim for a weapon that is legally and
originally posted by: ketsuko
a reply to: radarloveguy
Cars are also not a constitutional right, but guns are.
Insurance can be construed as an infringement and
mechanism to impede you access to a right.
Also, car insurance doesn't solve the problem of the
straw purchaser I mentioned above, nor will it give
someone's life back. So, do you think the store owner
who sold the booze to the straw purchaser should be
held liable for the death of the person killed by the
drunk driver who had the illegal booze?
At issue now is whether Badger Guns should pay the officers for allowing the sale of the gun in the first place.
Milwaukee police officer Bryan Norberg and former officer Graham Kunisch accuse Badger Guns, a firearms store in West Milwaukee, of negligence for selling a Taurus handgun on May 4, 2009, to straw buyer Jacob Collins, who in turn gave it to Julius Burton, an 18-year-old with a criminal history, according to reports.